Webb Resolutions Ltd v Waller Needham & Green (a firm)

Webb Resolutions Ltd v Waller Needham & Green (a firm)

The Claimant's refusal to provide requested documents and non-compliance with the Professional Negligence Pre-Action Protocol made it unjust for the normal costs order to apply; therefore, the Claimant is entitled to its costs up to 17 June 2011, but must pay the Defendant's costs incurred thereafter.

Parties
Claimant: Webb Resolutions Limited; Defendant: Waller Needham & Green
Jurisdiction
England and Wales
Judgment Date
11 December 2012
Procedural Posture
Civil / Post Settlement Costs Determination
Outcome
Costs order varied due to Claimant's non-compliance with Protocol.
Legal Topics
Costs, Pre Action Protocols, Part 36 Offers, Disclosure
Professional Negligence Civil Procedure Costs Pre Action Protocols Part 36 Offers Disclosure

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Parties

Webb Resolutions Limited

Claimant

Waller Needham & Green

Defendant

Procedural Posture

Civil / Post Settlement Costs Determination

Legal Issues

  1. 1 Whether the Claimant's non-compliance with the Professional Negligence Pre-Action Protocol justifies departure from the normal costs order under CPR 36.10(4)
  2. 2 Appropriate allocation of costs following late acceptance of a Part 36 offer

Ratio Decidendi

The Claimant's refusal to provide requested documents and non-compliance with the Professional Negligence Pre-Action Protocol made it unjust for the normal costs order to apply; therefore, the Claimant is entitled to its costs up to 17 June 2011, but must pay the Defendant's costs incurred thereafter.

Court Disposition

Costs order varied due to Claimant's non-compliance with Protocol.

Orders

  • Claimant to have its costs up to 17 June 2011, assessed on the standard basis if not agreed.
  • Claimant to pay Defendant's costs incurred after 17 June 2011, assessed on the standard basis if not agreed.